National Ass'n of Credit Men, Montana-Wyoming Unit v. Moss

This is an appeal by plaintiffs, who are judgment creditors of defendant, from a judgment awarding the iijtervener-mort-gagee the proceeds of an auction sale held December 12 and 13, 1958, of merchandise subject to its recorded chattel mortgage, which permitted sale of the merchandise in the course of mortgagor’s business.

The undisputed facts are that on the 19th day of December, 1958, plaintiffs, as judgment creditors of defendant, simultaneously garnisheed the proceeds of the auction sale which had been deposited in a bank by the clerk of the auction sale in an account designated as “Keith…